36720 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 / Notices

a description of components and

systems that are no longer relevant to

safety. Instead ComEd has proposed and

committed to prepare and submit an

update to the FSAR reflecting the

permanently defueled condition of

Zion, Units 1 and 2, by December 31,

1998. This update will become Zion’s

Defueled Safety Analysis Report

(DSAR).

Because ComEd’s board decision on

January 14, 1998, to shut down Zion

was unexpected, ComEd staff did not

have adequate time to develop the

DSAR. Therefore, ComEd is requesting

an extension of the update interval to

allow sufficient time to develop and

submit the DSAR. In their letter dated

March 12, 1998, ComEd stated that

many of the technical, administrative,

and management resources needed to

develop a DSAR are the same as those

that would be involved in updating the

FSAR. Consequently, updating the

current FSAR by July 1998, would result

either in a delay in developing a DSAR

or in the expenditure of significant

additional resources to develop a DSAR

while preparing an FSAR update

submittal in parallel.

III

Pursuant to 10 CFR 50.12, the

Commission may, upon application by

any interested person or upon its own

initiative, grant exemptions from the

requirements of 10 CFR Part 50 (1) when

the exemptions are authorized by law,

will not present an undue risk to public

health or safety, and are consistent with

the common defense and security; and

(2) when special circumstances are

present. Special circumstances are

present whenever, according to 10 CFR

50.12(a)(2)(ii), ‘‘Application of the

regulation in the particular

circumstances would not serve the

underlying purpose of the rule or is not

necessary to achieve the underlying

purpose of the rule. * * *’’

The underlying purpose of 10 CFR

50.71 is to provide updated information

and descriptions which are needed to

permit understanding of the system

designs and their relationships to safety

evaluations. The last update to the Zion

FSAR was submitted on July 5, 1996.

Therefore, the next update is due no

later than July 1998. However, because

ComEd has permanently ceased

operation of the Zion Nuclear Power

Station, Units 1 and 2, many of the

systems and components that were

previously required for the safe

operation of the plants are no longer

needed. Therefore, by updating the

current FSAR, ComEd would be

providing information on equipment

and systems that are no longer relevant

to the safety of the plant. ComEd has

committed to providing Zion’s DSAR by

December 1998. This DSAR update will

meet the underlying purpose of the rule

in which the status of equipment and

systems relevant to a non-operating

plant will be provided to NRC and

docketed. Furthermore, this exemption

will have no impact on the ability of

structures, systems, and components to

perform the safety functions required

with the plant permanently shut down

and defueled.

IV

For the foregoing reasons, the NRC

staff has concluded that the licensee’s

proposed use of the alternate date for

submittal of the DSAR will not present

an undue risk to public health and

safety and is consistent with the

common defense and security. The NRC

staff has determined that there are

special circumstances present, as

specified in 10 CFR 50.12(a)(2)(ii), in

that the DSAR will provide the required

information relevant to the current

status of the plant.

Accordingly, the Commission has

determined that pursuant to 10 CFR

50.12(a), an exemption is authorized by

law, will not endanger life or property

or the common defense and security and

is, otherwise, in the public interest.

Therefore, the Commission hereby

grants an exemption from the

requirements of 10 CFR 50.71(e)(4) in

that ComEd may extend its Updated

Final Safety Analysis Report submittal

date from July 1998 to December 31,

1998.

Pursuant to 10 CFR 51.32, the

Commission has determined that

granting this exemption will not have a

significant effect on the quality of the

human environment (63 FR 35294).

This exemption is effective upon

issuance.

Dated at Rockville, MD, this 30th day of

June 1998.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 98–17921 Filed 7–6–98; 8:45 am]

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COMMISSION

Atomic Safety and Licensing Board

Panel

[Docket No. 55–22234–SP; ASLBP No. 98–

745–01–SP]

Randall L. Herring, Operator License

for Catawba Nuclear Station; Notice of

Hearing

June 30, 1998.

Notice is hereby given that, by

Memorandum and Order dated June 30,

1998, the Presiding Officer has granted

the request of Mr. Randall L. Herring for

a hearing on the NRC Staff’s denial of

his application for an operator license

for the Catawba Nuclear Station. The

hearing is to be conducted under the

Commission’s informal hearing

procedures set forth in 10 CFR Part 2,

Subpart L. Administrative Judge Charles

Bechhoefer has been designated

Presiding Officer to conduct this

hearing, and the Presiding Officer has

appointed Administrative Judge Richard

F. Cole to serve as his Special Assistant

in developing a suitable record. 63 FR

34197 (June 23, 1998). The parties to

this proceeding are limited to Mr.

Herring and the NRC Staff.

Further details are provided in the

Presiding Officer’s Memorandum and

Order (Hearing File and Specification of

Claims), dated June 30, 1998. As there

set forth, this informal adjudication may

be decided entirely on the basis of the

parties’ written filings, together with

relevant documents. In addition, the

Presiding Officer has discretion to

entertain oral presentations from the

parties, as authorized by 10 CFR 2.1235,

should he determine that such course of

action would be necessary or useful in

creating an adequate record for decision.

Materials concerning this proceeding

are on file at the Commission’s Public

Document Room, 2120 L. St. N.W.,

Washington D.C. 20555.

Rockville, Maryland, June 30, 1998.

Presiding Officer.

Charles Bechhoefer,

Administrative Judge.

[FR Doc. 98–17918 Filed 7–6–98; 8:45 am]

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